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first. >> terex. >> linked in. >> social media doing well. jb. >> i like oil and gas exploration, ieo. >> my man, anthony pz time to sell netflix or buy netflix push. >> catch for more "fast money" at 5:00. >> the second half of your trading day start now. >> cot scot, thanks very much. this "power lunch" hour fully dedicated to you and your money. we ask, is this the right time to get into the market as we approach record highs. well, he we will take you through the market sector by sector. you have choices from airlines to housing to autos, to technology. well arm you with information. meantime, a warning from this fellow.

he is the author of the black swan and he always has a bit after cautionary tale to tell. and we can't wait to hear what he has to say as he jumps with both feet into the fray whether it's time or too late. first, though, sue, let's get the market action down at the new york stock exchange. >> thanks. we are lower on the dow jones industrial average. we should note the nasdaq stayed positive. we are on averages still within striking distance. one or two days gains away from all-time highs. take a look at the stats right now. dow jones industrial average down about 11 point. just above 13884 level. it is up 37% in three years. and it is at a high that we have not seen since november of 2007. s&p, up 5% year to date. remember, that's 17 sessions so far. right now, down about two point on the trading session np in

three years, s&p is up 40%. russell hit an all-time high. still in the green, not by much, but we'll take it, by half percent. s&p mid cap, down about two points on the trading session. then the sky high dow transports. it confirms the move in the major averages, both s&p and dow jones industrial average. tyler, back to you. >> thank you very much, sue. and three big stock stories to tell you about right now. the information that every investor needs to be armed with before making his or her next move. courtney reagan on where the retail sector is. jackie deangeles on winners and losers as we approach the record highs but we start with kayla. >> line us up. >> i lined you up like bowling pins. >> thank you, tyler. a different down in 2007 before

aig, city and general motors after the crisis. but still soaring highs. dow is down roughly 270 points or so, shy of touching that 14,164 point record high from that year. still high flyers in the dow in today's move-up. johnson&johnson trading in level answers neither company seen since their ipos in the 1940s. proctor and gamble and home depot hitting multiyear highs. look the a the index from then until now, exactly half the dow is in the green. home depot another big winner again. up against any dow component. mcdonald's and ibm also up. bank of america, alcoa and bank of america the worst in the last five years. the truth is, that was at end of a five-year bull market where as this rally still has some momentum in stock valuation and earnings growth to go up from here. in fact with morning on squawk

box. it would be conceivable to see the dow touch as high as 20,000 in the next four years. ty? >> yikes. we will be back to mr. lee on that. we will find out. jackie deangeles, looking at winners and sinners outside the dow. >> last week we saw very big movers. higher. take a look at some of the best performers on the s&p last week. netflix leading the pack with a net gain of 71%. analysts still think that stock has room it run. could see 200 before it pulls back. then there was amd seeing near 16% gain last week when it reported a loss narrower than expected despite sluggish demand for pcs still going on out there. and another positive earning story. higher sales of da vinci systems. better integration of systems and procedures providing a leg

up for those shares. as some stocks surge, some suffer. apple took the brunt down 12% for the week, finishing at 52-week low on friday. more importantly, concerns about the future of the tech giant, despite downgrade today, stock seeing a bit after rebound of that big sell off. but also worth a mention, coach, dropping 17% after reporting weaker than expected domestic sales. concerns in the high end retail sentiment space continues as u.s. consumers are continuing to face economic challenges and this uncertain economic environment sn environment. >> you know, jackie just mentioned coach. you will bring us through some winners and sinners too. >> everyone is in on this trade. the last five years haven't been the best on the 50e cannot my but a little retail therapy helped investors along the way. since 2007, three of the top ten of the s&p 500 are consumer discretionary companies.

also, making up nearly half of the 42 component that have doubled in that time period with those bar bell retail traids providing investors with the highest returns. discounters including ross stores, tjx, dollar tree and family dollar, all gaining a hundred percent or more since the october 2007 peak, but so too have ralph lauren and fossil on the high ends. on the dow, home depot come in as the top performer. wal-mart number four. so home depot and wal-mart are two that are up double digits. consumer discretionary groups, both leading the broader s&p 500. but the bulk of retail earners are yet to hit the tape. that could change everything. especially after a sneak peek. sweel if this trade gets to rally or not. >> nice winners among the retailers. thank you very much. well hit the media sector in a few moments.

julia boorstin will be along to talk about opportunities in that neck of the woods after a few more stories. meanwhile, down to you, sue. >> all right, ty. we will check in on the bond market. we have breaking news from the bond pits after the yield on the ten-year broke through to the upside on the 2% barrier. and we had an auction as well today of two-year notes. a lot on your plate, mr. ricky. >> absolutely. we backed away from 2%. 35 billion two-year notes went off the treasury's balance sheet at a yield of .288 which nicely split the bid off run and the one issue market, which is 29 on the bid side. 28 1/2 on the offer side. 35 billion, the bid to cover at 3.77, a little light on the ten auction average adds indirect at 18%. directs, however, very strong at 30%. strong in october at record 38.2%. dealers took 52%. we give it a b. b for the first of 99 billion of supply tomorrow. sue, it is all yours.

>> thank you, rick, i'll take it. we will focus in on caterpillar and bob is back from vacation. thank goodness. down on the floor of the nyse with me. cat coming in, reporting 55% drop in quarterly profits but net income coming in at $697 million, 1.04 a share. shares are up in today's trading session but down about 12% in the year. cat is up about 1 1/3 percent. cat is often thought of as a bell weather. >> it is. >> what is it telling us about specifically in the united states for manufacturing. >> earnings have the potential no grow but it depends on the state of growth. did you see the earnings of caterpillar? 7 to $9? you could drive one of their trucks through that. the reason it is so wide is they specifically said, it is all back-end loaded. depends on global growth in 2013. if we don't get much, you get

$7. if we get a lot of global growth, you get $9. >> how much of that is china specific? >> very much. a large part of their sales are good indication is china gdp will grow over 8%. we had a think tank talking about that over the weekend. earnings show signs of bottoming. right now earnings growth 4.5% for s&p 500, sue. a lot better than the last quarter. >> absolutely. we will take it. ty, back to you. >> very interesting segment coming up now. "power lunch" exclusive. author of "black swan", welcome back to "power lunch." >> thank you. >> i want it get up to the very wealthy individuals in a moment. i want it start in the marketplace today. >> people mistakenly define me as paramount, the stocks for 3 years now. >> why? >> i don't like stocks but i'm forced to own them because i don't trust treasury bonds, you see?

and i'm forced to own them -- >> the least of all evils. >> yes. real estate and stocks, you get some yield and also, you're protected against hyper inflation that may or may not come. but i want it sleep at night. but some risks i'm not willing to take. >> do you have a view on u.s. equities versus global equities? >> let me specify. >> nail it down. >> it is against my ethics, and i write it in my book, to tell what you you should be doing. i can tell you what i'm doing. >> let's have it. >> if there is advice and prediction, it may harm other people. you cannot harm other people by harm yourself in your opinion. i can only tell what you i own or don't own. i do own foreign equity? yes. convincingly, no. why do i do the it? same problem. i don't know where i to put my

money. cash can burn you. treasury bonds can burn you. why what do i earn more? u.s. domestic. why? partly buecause i live here. partly because companies are doing well. >> let me bring bob and sue back in. >> seema, certainly perhaps grudgingly but what about europe and asia, do have you a large exposure in those parts of the world? >> let me tell you, asia i don't trust. i don't understand, so i stay out of it. simplifies my life massively. that's it. but within -- but europe, to me, one thing i like about europe, having exposure to the currency, i have exposure to the euro, for a reason, is that i want -- i don't like the fact that we have twice the deficit that europe has. >> right. >> you hear a lot of bad press about europe but europe has a deficit and i want to be exposed

to the euro. mostly because i think that the policies of the federal reserve is identical to those of european central bank and euro has been doing very well. and i think, i smell, everybody is bearish on something. but the story doesn't match the numbers. >> bob pisani, good to see you again. in the 2008 crash, is risk in your opinion still underpriced. and if it is, how do you explain to people to protect themselves? >> unless people have been burned, you can't convince them to get protected. and tail risks have traditionally been cheap depending on which tail. and what people fail to understand is that owning tail protection allows me to take risk elsewhere. it is not like what i spend on

the tail is the overall package. it is very favorable when you have equities more attractive than bonds and other things. you need spend premium. the money i get from dividend and hedges and that's why i henl myself and i don't have to worry about anything. deep out of the money puts. >> deep out of the money. >> very slow pay offs but not near at the money because these are very expensive. they stay expensive. >> you watched friday's dust up between ackman and icahn. what do you think? >> a lot of readers of my book emailed me startry. my reaction is, you should commend these people. they speak in public the by they would do it in private. that's rare. it is refreshing. people don't have a lot of dignity on the air. bure b

wur /* /- bureaucrats cannot do that. this is rare. they are human. if you hate someone and you say it in private, you should say it in prinumber /* public. >> so you like the rawness of it. >> i don't like people to speak different in public than in private. i don't like people to speak different in print than at dinner. >> it is interesting what you see on world stage and on the marketplace as well. >> thank you very much. >> sue? >> we will talk housing and social media. you're up first, diane. >> pending home sales slip. but that's not the number to watch. see what industry really looking at. >> i'm looking at a sector with a lot of potential opportunities. social media stocks. we will have more "power lunch" coming up in two minutes.

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welcome back to "power lunch." another disappoint on home sales but another gain in oem home price prices. prices dropped over 4% since november. realtors complaining it is about a lack of supply. you see it out west where investors brought up the properties so sales are dramatically lower even than a year ago. now to prices, up over 5% in

november. according to lender processing services today. driving the gains, california, arizona, nevada, former crash markets. some double-digit home price gains there as investors are in bidding wars for what is left in foreclosures. price kbans agains are starting price out investors. and 11 million borrowers are still under water in their mortgages and can't move. when prices raise, he warns there will be a massive flood of new inventory. sue? >> thank you, diana. the world's largest asset manager blackrock is taking an $80 million stake in twitter. that would value the 6-year-old privately held social company at more than $9 billion. blackrock will buy from early twitter employees looking to liquidate stock options. linked in hitting new highs.

right now facebook up 2%. stocks in this rally, jewelry boorstin with a stock beat check for us. hi, julia. >> hi, sue. social media stocks are doing quite well. a facebook report is coming up wednesday afternoon. facebook shares more than 2% higher on a handful of analyst report. stern ag with a stock report of 75% plus mobile revenue growth over prior quarter. raymond james upgrading facebook to outperform. facebook shares up about 8% with growing expectations of its quarterly reports. meanwhile, linkedin up about a half percent but that brings the company to a new all-time high. meanwhile, zynga shares are growing. it may be a case of no news is good news ahead of its earnings report next tuesday. last quarter, zynga announced

disappointing results. we haven't heard anything this time around but remember, zynga is a very volatile stock. toyota sold 9.75 million vehicle webs 23% gain from a year ago. gm now in number two spot for the year. vw rounding out top three. there, you see the numbers. also moments ago, gm formally announcing it is investing $600 million intoity kansas city plant. part after plan announced earlier this month to invest $1.5 billion in north american facility this year. let's look at gm shares down to 2180. >> we take a tour on how the other half lives.

>> a mega home with a mega price tag. we were the only cameras allowed inside. you're not going to believe what the monthly maintenance is. that's coming up. ♪ [ male announcer ] to hold a patent that has changed the modern world... would define you as an innovator. to hold more than one patent of this caliber... would define you as a true leader. ♪ to hold over 80,000... well, that would make you... the creators of the 2013 mercedes-benz e-class... quite possibly the most advanced luxury sedan ever. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. how do traders using technical analysis streamline their process? at fidelity, we do it by merging two tools into one. combining your customized charts with leading-edge analysis tools from recognia

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also a big week for us here on "power lunch." a rare and exclusive interview with the ceo of harley-davidson. they are o out with their numbers tomorrow. taco bell ceo is with us on wednesday. then chief executive o officer of j.p. morgan bank will join us. then, the co-founder of campaign to fix the debt. >> very interesting week ahead indeed. some other big headlines to tell but at this hour. barnes & noble closing up to a third ofity stores over the next decade as readers shift to ebooks. cutting the steel sector. and announcing the sale of its new jersey refinely, this complete hes's transformation from integrated gas and oil company to one mainly in exploration and production. sue? >> a dark secret in new york city. luxury real estate comes along with high maintenance fees and the fees have been soaring

throughout the crisis and recovery. robert frank is on the really big, big money beat for us today. hi, robert. >> hi. big money and high maintenance fees. the cost is usually measured by the real estate. but for buyers, it is the maintenance fees that can break the bank. cnbc takes you on a tour inside the most expensive co-op on the market in new york city. listed for 95, that right, $95 million. you won't believe what it cost just to keep this mega mansion up and running. let's take a look. >> what the homeowner's association cost? >> we call it maintenance. >> okay. >> homeowner association and real estate taxes are combined in one monthly figure. and what the number? including made service twice a day. and all of the other amenities which come with this, which include a spa. >> maybe up into the 50s. >> a little under $60,000 a month. >> that actually very reasonable.

>> yeah, very reasonable. with maintenance fees, that around $720,000 a year. include care takers, your insurance, cleaning staff and more. and it probably cost around $1 million a year, just to keep the lights on in this apartment, in the historic sherry ledgerland building. maintenance fees are popping up all over high end in new york city. if you bought a 1200 square foot condo, that will cost you around $2,000 a month in maintenance fees. on top of mortgage and utility. what do you get for that $60 grand at sherry netherland. made service, restaurant downstairs, should be all you can eat for that amount. el rater operators. and three private elevators. to see more of the $95 million mega mansion and go one on one

with dolly lands, and secret lives of the super rich meg why home. it is a great show. >> i know it is because you're doing it. you have the best beat in the house. you really do. >> it was fun. >> good to see you. >> ty, back to you. >> if you have to take a mortgage, you probably can't afford it. >> the top 1500, dow flirting with 14,000. more room to run or is a big correction ahead. the anti-fragile and "black swan "author is back in the house, and we will hear what he has to say. welcome back. change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus

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lunch." final trades are coming in here in the gold pit and gold futures are holding above the 1650 level. we have openings expiration today and that has kepted to go prices in a pretty tight range between 1550 and 1560 or so. we are also looking at the fact that we are seeing a roll over in the futures market from the february to april contract and that is also where a lot of the volume has been in today's trade. a lot of traders are also looking at strength we are

seeing in equities. and we are looking at real strength in the palladium mark pept that's at a 16-month high today. back to you. >> thank you so much, sharon. let's get trading action here. bob pisani is with me once again. the mark set holding study. not dramatic, very narrow. >> normally the dow is about 125 point from high to low. today it is half that. 50 point trading range. about even on the advanced decline line. weaker sector of the housing stocks. bottom down 3%. we have disappointing numbers on the pending home sales numbers. don't kid yourself, we are essentially at highs on this sector. take a look at the itb. you can buy the entire home building and improvement sector. it was ehe is not recally historic high or near an historic high on friday. not a lot of movement there. major sectors, i just want to note, sue, this is an extremely broad rally. other cyclical names like

consumer discretionary and foi nance all about 7 of course. >> pretty good score card so far. >> plenty of opportunity for the risk averse people hiding in healthcare. a lot of them, i know what you're doing to go into the more cyclical names like industrials. >> we will talk about that in a few minutes, as a matter of fact. >> nasdaq holding the upside, apple is not helping things. let's good it seem why mody at the nasdaq. >> we are seeing the nasdaq outperform major indies indiesys. with today's move, apple does reclaim the title as the world's most valuable company in the world, which is, as you know, it did lose to exxonmobil briefly on friday. that the latest in the market cap challenge. another bright spot we continue to watch as julia boorstin pointed out.

social media. facebook ais ahead ofity earnings report. chinese internet stocks. analyst running that investors who believe in the growth of china's internet could consider baidu. back to you, sue. >> thank you, seema. briefly yields on the ten-year note top since april 25. is the play at longer end of the curve or not? rick santelli is tracking the action at the cme. ricky, i know they are watching the ten-year but they are also watching the 30-year yield. >> absolutely. we had two-year note today. 35 billion of them at auction. and the two-year didn't seem to make a difference one way or the other as we see on the chart as we crept up a bit. if you look at the ten just ref repsd referenced by sue. if you blinked, you missed it. if you open up the chart, she

had her date spot on, april 25. we call it roughly nine-month high yield. and if we look at the frick and frack, we see the high yield is quite sought oafter. a lot of good buyers. mub is more muni oriented and still a raft of questions to be answered on the tax ability issues as we try it move forward and look at the loop holes in the tax code. sue, back to you. >> thanks, rick. let's look a chart right now. year to date. dow and s&p up almost 6%. look at that. we are approaching all-time highs. we pose the question, is it time to get back in the game? mark is back with us. welcome back. >> sue, thank you. >> what are you hearing from your client. retail investors sometimes is slow to get into the market and we have had a pretty spectacular start to the new year.

>> yeah. i think the retail investor feels a little bit like a bear waking up from hibernation. they have gone into safety mode. it feels good, now that it is spring, to get up, shake your limbs off and go out for a run. of course, they are scared, but they want to invest. >> what areas are they asking you about specifically? we have seen the risk of investors, as bob pointed out, are they sticking with their game plan when they do get back in or are they more risk-on? >> depends on the age. if you are under 45 years old within you are asking about facebook and linkedin and znyga. but if you are older an worried about income, you are asking about stocks that may be a proxy to replace the savings account that you're in. depend on the age and risk level. >> do they like tech, in general? other than the social media companies we have been talking

about? >> sue, i think everybody loves tech. anything that looks exciting, that will replace and make things more efficient, i think that the easiest story to tell right now. yes, everybody loves tech. >> all right, thanks so much, mark. ty, over to you. >> thank you, sue. cnbc.com's john carnie joins us with an exclusive interview with nassim taleb. he likes to call himself the ghost of talos. do you not like to call yourself that? >> that was not me. someone else started that. >> well anyhow, you are no fan of davos. >> let's get to that in a minute. but first, the thesis of anti-fragile. which is not only that you need to be less vulnerable it risk randomness, hiccups in the world, but you need to position yourself, your portfolio, so that you take advantage of that.

is that a fair -- is that a fair -- if i got one thing right today, is that fair? >> perfect. you cannot use randomness and disorder and volatility as fuel. you won't make it. >> so how do you do that in today's cop tecntext as an inve? >> first of all, you have -- from being exposed to down side. you need to have a large segment of your portfolio immune from market movement. whatever that is. not cash, inflation hedge cash. or 20%, or whatever you're willing to risk, high number of diversified extremely risky bets. >> why? >> we have medium risk portfolio but you did a lot better than someone who has a hundred percent of the portfolio at medium risk. >> in your portfolio. you say, you feel only comfortable -- and i respect

that. i'm talking about the things that you actually own. >> yes. >> in your world, what are those highly risky bets? >> i mean, i put it in stocks. i don't want to say names of companies. i own stocks, i own diversified number of them, across things. i also own not well known stocks because you need to know a lot of these because they are the stocks of tomorrow. and also i'm trying to get into venture capital, although there is to much paperwork so i get a headache. >> one of the things that we used to talk about a lot was that you know, bet that would pay off gigantically. even though they were very unlikely to happen. are you still doing that? >> of course, option. my career was made -- i started in crash of '87. so i understand very well can you do well from randomness. but over all, my point isn't so much at the investor level as it

is the economy level. these guys in davos take the idea of dynamic resilience, whatever it is, they are trying to have the world of tomorrow resemble the world of yesterday. where you have to be positioned to face the future that doesn't look like that -- >> they thought they were ripping off your idea of dynamic resilience. but when you talk about resilience, you are automatically keeping about what was there stronger in the future. >> exactly. >> instead of adapting. >> you have to break things. the whole point is the fragility is contributing to the health itself. so we need to break first is the banking system. because we have this that we have to protect banks, protect banks and look over the world we live in today. we add crisis, those who benefit four years later from it, the richer than when we started and

super rich got richer from the economic policies, meant it save the money and asset prices. and middle class is poor. a lot of people say we had to do this because it ended up helping everybody. but you were talking about how it hasn't helped everybody. >> it did not help the american middle class. and they are afraid of breaking the bank. they want it go back to the world of yesterday. that what is the cause. america didn't get here to what it is today trying to -- >> right. >> by trying to replicate the world of the 16th century england. and the industrial revolution didn't happen like people try to replicate. so you need to be in an environment that accepts disruption willingly. something where you face a future that's different. that an environment that gains from this order. >> let me take it out of the

context of the big banks and whether they got rich. let's take it down to the housing market where individual americans stood in danger of losing houses and many did. but there was a tremendous effort and it continues to this day, to keep people from foreclosing to protect individuals from that. wouldn't we have been better off if that had been allowed to be as fragile as it was. >> no. there were alternative methods. in a good world you don't fragilize people by loading them with debt. second step, in a world where you have that problem, you don't solve it by -- by dealing with debt. you trim debt to equity. only good thing debt has, the mechanism to turn to equity. banks could have gone to homeowners and negotiate. but banks didn't want it write off equity.

>> because tle wouhey would los >> on paper. we are still in the situation where banks have the market and government helping banks. so this is not a recovery. this is not a solution to a problem we had tp we have to setback the clock five years ago had readdressed the core of the problem. what is the problem? too much debt. too much centralization. anti-fragile system that recycles error for profit. just like i say, if you have a plane crash tomorrow, every plane ride would be safer. okay? no? that's how it should be. this is a good system. that not what we had. we made mistakes and remedy is not addressing the cause of the mistake and odds are the next mistake would be bigger. now we have a huge monster on, like a monkey on our back. >> very quickly. >> when people say that like bank bonds are rallying, doing well recently -- >> that's the government. >> but that because we have --

>> exactly. you're right. you are worried about why banks can borrow so cheaply. bank borrow cheaply because you lend them every april 15. you stop them up. this is not a healthy system. we have to address the core of the problem we have now. >> all right, nassim, thank you very much. as always, good to have you here. sue, down to you. >> fascinating discussion, gentlemen. thank you. this may be the most dangerous tax season ever. our senior correspondent scott is on the case for us. hi, scott. >> hi, sue. dangerous. irs about to start electronic filing season and we will tell you why this tax season could be your worst nightmare and what the irs is or isn't doing. ♪ [ male announcer ] this is karen and jeremiah. they don't know it yet, but they're gonna fall in love, get married, have a couple of kids, [ children laughing ] move to the country,

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equity mutual funds this month, is this the sign after top or more good things to come in also as proposal for immigration reform. we take a look at how much growth would be added to our economy if the 1 million or so illegal immigrant were made legal. this is a first on "street signs." a week-long series called grow up. all about the potential growth initiatives we could be looking at. also wbt herb is back. where has he been in anyways, herb is back on the street, looking bigger and better than ever. sue back to you on pounch. >> all right, mandy, see you at 2:00. for many taxpayers, the process won't go well. taxpayers say the irs is not doing enough to deal with with identity theft which is a problem we first report owned last year and it is rapidly getting out of hand. scott cohen is here with the story and ways to protect yourself more importantly.

hi, scott. >> this is a crime of choice for identity thieves. they see it as easy to commit tough to enforce and it is hell on victims. >> that's her in my dress. >> for terry and stephanie, it was an ep log to their worst nightmare. >> it was awful. >> still mourning the death of their 5-month-old daughter, katelynn, they filed their tax return but the irs rejected it. someone else already claimed katelynn as a dependent. >> felt violated. >> and the very last time we today claim her as our own. >> tax identity theft, virtually unheard of, a few years ago, is exploding. total cost more than $5 billion. in alabama, the owners of this tax preparation business admitted stealing hundreds of identities aeb millions of dollars in refunds. in florida, police are breaking up parties, featuring lessons on tax identity theft. they believe crooks got

katelynn's identity from a social security death file. public record. >> anyone who dies goes on this list. >> at the justice department, tax division, where they normally focus on things like off-shore tax evasion, identity theft has become a top priority. >> you've described this as low risk, high reward crime. >> our absolute goal is to alter that equation. >> through tougher prosecutions and more sophisticated investigations. but for victims of tax identity theft, that's too late to save them from a bureaucratic nightmare. >> i called the irs and they said i needed to contact the social security office. i call the social security department, they wanted me to call the irs. >> in two scathing report last year, treasuries internal watch dog blasted the irs. >> it can take more than a year for a cheated taxpayer to an

issue like this resolved. that is unacceptable. >> it feels like the irs got caught flat-footed with all of this. is that care? >> irs takes refund fraud and identity theft seriously. as we strengthen our systems, thieves find new wayes it try to scam the systems. >> that means a lot of this is on you. what can you do? file as early as you can so you don't give crooks a window to feel ahead of you. guard your identity, especially your social security number. if you are a victim of identity theft at any time of the year, alert the irs along with banks and credit card companies. irs does say it is constantly coming up with new filters to protect fraudulent returns. they don't want to tell us what those are so as not to give crooks ideas. we have more tips and more about this case on-line. tyler? >> scott, thank you very much.

and the smart phone smackdown. is apple losingity cool? the samsung, twitter has began a porn problem. the power rundown is next. you don't want it miss it. ♪

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today it is all about tech. first up folks china is considering lifting a 13-year-old ban on video game consoles. nintendo and sony surging a little bit today. i guess you call them surges. julia, you think this ban will be lifted? julia? >> yes, i think it'll be. i think the question is, will it make a difference in mobile and social games are not banned. so if you can play the gims for free or next to nothing, are people going to want to invest in a console. other thing to keep in mind tyler is the fact that ban is not very much enforced so these have been smuggled in in the past. >> john, do 6 billion chinese want to play madden 13 or what? >> yeah, and a lot of them already are. piracy is a huge problem there.

ps3 is harder to pirate so yeah, they will probably lift the ban but will it have a positive impact? maybe not. >> let's talk about twitter and where wl it has a porn problem. there is a new video sharing app called vine. it has x-related content. is censorship free space too lenient? john fortt? >> yes. this problem is not just for twitter but for apple because apple's app store has a very anti-porn policy compared to others p but twitter doesn't want this vine app getting its brand recognition for being all about quick porn clips. so they probably need to do something about that before this becomes a new gutter app. >> julia, what can they do? >> tyler, i think we should not be surprised here. every time there is a technological development, people use it as a way it show pictures of naked people. this is an surprise here. i think twitter will figure it

out, john mentioned. a and they have to if they want to protect their brand. twitter has to be very fast about pulling this stuff down. >> sticking with this mobile space, samsung surpassing apple as smart phone leader. does this mean apple is losingity cool in reports out today apple may have a shoe censor app that will tell you when you need new loafers. can apple win its cool bab, john fortt? to textent it lost it? >> no. that patent is from 2011 where nike has a censor in the shoe. i think have you to be careful. hp and dell for a long time have had more pc market share than apple. but apple has more profit. we got to see how this plays out. market share does not always equal cool in the long run. >> julia? >> i'm with john. i don't need an app to tell me when i need new shoes.

i can figure that out on my own. but apple is investing more than ever in r & d. who knows what that will yield. but they are investing in cool product for the future and i can't wait to see what they have next. >> on friday, john harwood will speak about the campaign. with aljanuary simps core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. ♪

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